When someone in Boston dies without the proper estate planning provisions in place, his or her assets and property are divided according to state law in probate court. While the probate court process is designed to be unbiased and generally treats heirs relatively fairly, it can be a hassle for some individuals and can cost between 5 and 10 percent of an estate's total value.

Probate can also be lengthy, as court officials must confirm the validity of the deceased person's will, catalog his or her assets and have them appraised and distributed. By taking appropriate estate administration steps, one can help make sure his or her family and friends do not have to deal with the frustration and expenses that frequently accompany probate court.

One way to escape probate is by designating any bank and retirement accounts as "payable on death." This allows one to choose a beneficiary to receive the contents of these accounts upon death. Many states allow assets held by brokerages to be awarded to beneficiaries without being subjected to probate court.

Another effective way to save heirs from the stress of probate is to establish a living trust. Any assets contributed to the trust are considered to be the trust's property, although the person establishing the trust may still control them. After death, the appointed trustee then distributes the assets to the beneficiaries. This essentially allows one to formally distribute assets before death.


The most important step in avoiding probate is to draft a will. If a will is not written, the deceased will be classified as "intestate," meaning that a probate court will divide assets and property according to strict formulas, which can leave beneficiaries tied up in probate court for years. Resolve to make 2012 the year to start planning for the future.

Source: Worcester Telegram, "Ignore estate planning at your peril," Jan. 8, 2012